Texas 2025 - 89th Regular

Texas House Bill HB 5460

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the display of sexually explicit material in public libraries.

Summary

HB 5460 would prohibit librarians in county libraries, district libraries, and multi-jurisdictional district libraries from displaying sexually explicit materials. The bill creates new subchapters in the Local Government Code for each of those library systems and defines “sexually explicit material” broadly to include written descriptions, photographs, video, or audio that portray sexual conduct in a patently offensive way, while excluding library material directly related to required curriculum under the Education Code. The bill is styled as the “Good, the True, and the Beautiful Act” and would take effect on September 1, 2025. In practical terms, it would impose a statewide restriction on the public display of certain materials in public libraries operated by counties and library districts, affecting library policies, collection presentation, and staff practices across those systems.

Impact

HB 5460 would amend the Texas Local Government Code by adding new restrictions to Chapters 323, 326, and 336 governing county libraries, district libraries, and multi-jurisdictional library districts. It would not ban possession or circulation of the covered materials outright, but it would prohibit their display in the affected public libraries, requiring library systems to adjust shelving, exhibits, and other public-facing placements to avoid displaying materials that meet the bill’s definition. The measure would affect local governments, library administrators, and patrons of public libraries in those systems.

Sentiment

Based on the bill text and the limited legislative history provided, the bill appears to be driven by a conservative or censorship-oriented policy preference focused on limiting minors’ or the general public’s exposure to sexually explicit content in public libraries. There are no committee transcripts or recorded votes in the provided materials, so there is no direct evidence of debate, amendment activity, or bipartisan support/opposition in the record supplied. The bill’s referral to the House State Affairs Committee indicates it was still in the early committee stage at the time of the last action.

Contention

The main point of contention is likely to be the balance between protecting public spaces from sexually explicit content and preserving library discretion, intellectual freedom, and access to materials. Supporters would likely argue that public libraries should not prominently display sexually explicit content, while opponents may contend that the definition is broad, could be difficult to administer, and may lead to viewpoint-based or content-based restrictions on library collections. Because the bill excludes curriculum-related materials, another likely issue is how libraries would distinguish educational or literary works from prohibited displays, especially where content is explicit but has artistic, historical, or educational value.

Companion Bills

No companion bills found.

Previously Filed As

TX HB3225

Relating to the restriction of access by minors to sexually explicit materials in municipal public library collections; providing a civil penalty.

TX SB2101

Relating to the prohibition of access by minors to sexually explicit materials in municipal public library collections; providing a civil penalty.

TX HB282

Public Schools - Sexually Explicit Materials - Prohibited in Libraries and Media Centers

TX HB05898

An Act Prohibiting The Availability Of Sexually Explicit Material In Public School Libraries.

TX SB1435

schools; libraries; explicit materials; classification

TX SB1090

Schools; libraries; explicit materials; classification

TX HB558

No Sexually Explicit Material In Schools

TX HB1717

Relating to prosecution of certain criminal offense prohibiting sexually explicit visual material involving children.

TX SB630

Protecting minors from exposure to indecent displays of sexually explicit nature

TX SB431

Protecting minors from exposure to indecent displays of sexually explicit nature

Similar Bills

CA AB392

An act to add Chapter 22.

CA AB1705

Pornographic internet websites.

NJ A230

Requires DOE to develop model policies for ensuring parental notification of sexually explicit content in curriculum; requires board of education to provide parental notification of sexually explicit content in curriculum.

WI AB961

Warning labels for explicit content, creating an explicit content label warning surcharge, making an appropriation, and providing a penalty. (FE)

WI SB938

Warning labels for explicit content, creating an explicit content label warning surcharge, making an appropriation, and providing a penalty. (FE)

TX SB2101

Relating to the prohibition of access by minors to sexually explicit materials in municipal public library collections; providing a civil penalty.

SC H3471

Sexual exploitation of minors, morphed child pornography

WA SB5105

Revised for 1st substitute: Concerning sexually explicit depictions of minors.